Biography

Steven Pohl concentrates his practice in the commercial and insolvency areas. His practice focuses on the representation of interested parties in bankruptcy proceedings and lending institutions in commercial finance transactions.

Steven has extensive experience representing debtors, trustees, official and ad hoc creditors’ and equity committees and other interested parties in a variety of in-court and out-of-court situations, including bankruptcy reorganizations, asset sales, loan restructurings, receiverships and assignments for the benefit of creditors. His practice includes all aspects of the bankruptcy process, including contested (and competing) plan confirmation hearings, contested relief from stay and cash collateral hearings, and fraudulent conveyance and preference litigation. Steven is recognized by Chambers USA: America’s Leading Lawyers for Business in the area of bankruptcy law; he is regarded as "a very straight shooter and a big presence in the room."

Coupling his reorganization practice with experience in mergers and acquisitions and general corporate law, Steven also counsels corporations. Prior to practicing law, Steven was a certified public accountant with Price Waterhouse from 1983 to 1986, concentrating in the tax area.

Awards

Representation

Represents the Official Committee of Unsecured Creditors in the Chapter 11 case of Boomerang Tube LLC.

Represents an ad hoc consortium of trade claim creditors in Nortel Networks, Inc.’s Chapter 11 proceedings.

Represents the Official Committee of Unsecured Creditors in the bankruptcy proceedings of Reed & Barton Corp.

Represents an ad hoc group of noteholders in the bankruptcy proceedings of Dendreon Corporation, a leader in the development immunotherapies to improve the treatment options for advanced-stage prostate cancer.

Represented the Official Equity Committee in the bankruptcy proceedings of Overseas Shipholding Group, Inc. The OSG restructuring was the recipient of the “Restructuring Deal of the Year” at the 2015 IFLR Americas Awards.

Represented the Official Committee of Unsecured Creditors in the bankruptcy proceedings of Rural/Metro Corporation; now represents the post-Chapter 11 trust established to pursue certain litigation claims.

Represented the Official Committee of Unsecured Creditors in the bankruptcy proceedings of School Specialty, Inc.

Represents the Lyondell Chemical Company post-bankruptcy Trust Advisory Board and trustee of the litigation trusts that are pursuing claims to claw back funds from the pre-LBO shareholders, as well as claims against the LBO sponsor and its affiliates and the former directors and officers of Lyondell.

Represented an ad hoc consortium of first lien lenders in the Hawker Beechcraft Corp. Chapter 11 cases.

Represented an ad hoc group of senior secured noteholders in the Chapter 11 cases of Nebraska Book Company, Inc., an industry leader in the college bookstore marketplace. The company emerged from Chapter 11, restructuring approximately $450 million in debt and with the senior secured noteholders receiving all of the equity of the reorganized business.

Represented, as lead trial counsel, the indenture trustee (at the direction of bondholders) for bonds issued by Liberty Media Corporation in connection with a dispute over Liberty Media’s planned spin-off of its Capital and Starz tracking stock businesses to stockholders. The proceedings included a 3-day trial on a declaratory judgment action brought by Liberty Media in the Delaware Chancery Court and an appeal, with oral argument, to the Delaware Supreme Court.

Represented the Official Creditors Committee in the bankruptcy proceedings of Lyondell Chemical Company which, together with its non-debtor affiliates in the LyondellBasell group, is the third largest chemical manufacturer in the world. Based upon an aggressive challenge to the Lyondell-Basell 2007 LBO-merger transaction as a fraudulent transfer, achieved one of the largest LBO related settlements that provided unsecured creditors, a class of about $2.6 billion that was thought to have been out-of-the money, $450 million – the equivalent of a 17 cent distribution.

Represented Haights Cross Communications, Inc., in negotiating and documenting its prepackaged bankruptcy solicitation and Chapter 11 filing and achieved plan confirmation in less than 45 days of filing.

Represented the Official Equity Committee in Chapter 11 proceedings of Pilgrim’s Pride Corporation, achieving a significant return for equity.

Represents the Official Committee of Unsecured Creditors in the Herbst Gaming, Inc. Chapter 11 case, following on the representation of an Ad Hoc Committee of Bondholders in earlier out-of-court restructuring negotiations.

Represented the Steering Committee of secured lenders of Yonkers Raceway Corporation.

Represented the Official Committee of Equity Security Holders in the Global Power Equipment Group, Inc. Chapter 11 cases, which culminated in a successful restructuring supported by an Equity Committee-backed rights offering plan.

Represented the Ad Hoc Committee of Trade Creditors in the Adelphia Chapter 11 cases, which resulted in the trade creditors getting a 100% recovery plus 8% post-petition interest.

Represented the Ad Hoc Committee of Trade Creditors in the MCI / WorldCom Chapter 11 cases in the U.S. Bankruptcy Court for the Southern District of New York, successfully increasing our clients’ plan recoveries by nearly 50%.

Represented the Official Committee of Unsecured Creditors in the Global Crossing Chapter 11 cases.

Represented the Ad Hoc Committee of Bondholders in the Primus Telecommunications Group, Inc. case.

Represented Ad Hoc Committee of first mortgage noteholders in connection with Hurricane Katrina damage to the Premier Entertainment Hard Rock Hotel and Casino in Biloxi, Mississippi.

Represented Ad Hoc Committee of Convertible Noteholders in Tower Automotive Chapter 11 cases.

Represented Ad Hoc Committee of Trade Creditors in Intermet Corporation Chapter 11 cases, successfully increasing plan recoveries.

Represented XO Communications in connection with its acquisition of Allegiance Telecom out of Chapter 11.

Represented the Official Committee of Unsecured Creditors in the ATX Communications Chapter 11 cases.

Education

Boston University – LLM in Taxation, 2003
Boston University – J.D., cum laude, 1989
University of Pennsylvania, Wharton School of Business and Finance – B.S., 1983

Bar Admissions

Massachusetts
Massachusetts Supreme Judicial Court
US District Court for the District of Massachusetts
Specially admitted in federal courts in other Districts
Publications
Speaking Engagements
Awards and Honors